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(영문) 부산지방법원 2013.09.12 2013고정3740
마약류관리에관한법률위반(향정)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

① On October 18, 2007, the Defendant was sentenced to a suspended sentence of two years for the crime of injury in Busan District Court’s Dong Branch, and the above judgment was finalized on the 26th of the same month; ② on September 23, 2008, the Busan District Court sentenced ten months for the crime of violation of the Act on the Control of Narcotics, etc.; ③ on February 12, 2009, the above judgment became final and conclusive; ③ on August 13, 2009, the Busan District Court sentenced one year for the crime of violation of the Act on the Control of Narcotics, etc.; on October 29, 2009, the above judgment became final and conclusive; ④ on June 24, 2011, the Incheon District Court sentenced one year and two months to imprisonment for the crime of violation of the Act on the Control of Narcotics, etc.; and ⑤ on July 2, 2011, the above judgment became final and conclusive on the 13rd of the same year.

Even if the Defendant was not a person handling narcotics, on July 2007, the Defendant provided D with approximately 0.03g of psychotropic drugs, a psychotropic drug, to D, in front of the C cafeteria located in Busan Metropolitan City Shipping Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Examination protocol of police suspect regarding D;

1. A criminal investigation report (Attachment of a certified copy of the judgment of reference witness);

1. Previous convictions: Criminal records, results of search of each case, and the application of a copy of each decision;

1. Relevant Article of the Act on the Control of Narcotics, etc. (Act No. 7098), Articles 60 (1) 3, 4 (1), and 2 subparag. 4 (b) of the former Act on the Control of Narcotics, Etc. and the Selection of Fines for Criminal Facts;

1. Handling concurrent crimes and exemption of punishment: The latter part of Articles 37 and 39 (1) of the Criminal Act (the principle of equity in cases where a judgment in the market is rendered concurrently with the crime for which a judgment in the market has become final and conclusive; the exemption of principal

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